Posted by David on March 07, 2008 at 04:15:37:
Thank you. We will see how it all plays out.
Lead Disclosure in a Lease - Posted by David Rowe
Posted by David Rowe on March 05, 2008 at 04:34:32:
Does the lack of the EPAâ??s Lead Paint Disclosure for a property that is later discovered to have lead in the water pipes, the tub enamel and flaking paint cause a lease to be null and void? I have read in the EPA documentation that â??before a purchaser or lessee is obligated under any contract to purchase or lease target housing, certain requirements must be met.â?? These include the EPA lead paint pamphlet, disclosure of any known lead in the house, etc. I leased a house in western Pa and encountered the above scenario. There were 4 children, 2 teenagers and 2 seven year olds drinking and bathing in that house. Since it was not disclosed or the pamphlet given then the lease should have been void and no obligation exist. We mentioned this and mold to the owner and were told that we were leasing the house, it was our problem. We asked if we could leave he agreed, and then turned around and sued for unpaid lease payments and damages.
Please advise.
Thank you for your time.
Re: Lead Disclosure in a Lease - Posted by Natalie-VA
Posted by Natalie-VA on March 06, 2008 at 08:32:29:
David,
What unpaid lease payments and damages is he suing for? Were these incurred before you moved out, or is he suing for what you would have paid if you stayed for the entire term?
Please provide more info.
–Natalie
Re: Lead Disclosure in a Lease - Posted by Rich-CA
Posted by Rich-CA on March 05, 2008 at 21:51:08:
Depending on the age of the house, it is assumed there is lead based paint whether or not it has been discovered. The normal “fix” for this is sealing the lead based paint with paint that has no lead. The real issue is not the presence of lead, but lead in flakes or as dust (which is why its is sealed rather than removed which would actually cause more problems with lead dust). Its is only harmful if you breathe the dust or eat the flakes.
It is NOT your problem, it is the owner’s problem. Inform the owner that if they do not fix it, you will turn them in to the housing authority. Talk to a lawyer - legal aid if you do not have one - but give the landlord the chance to respond first. Do everything in writing since if you do have to leave, you will need docs for your attorney.
Re: Lead Disclosure in a Lease - Posted by David
Posted by David on March 06, 2008 at 08:35:46:
THe lease payments are for the balance of the term from the time we left until the end of the lease term. The damages are things that happened while we were there - including removal of carpet (70’s green) - I refinished the original HW and pine floors but he is claiming for new carpet. That’s just a sampling of the damages.
Thanks
Re: Lead Disclosure in a Lease - Posted by Natalie-VA
Posted by Natalie-VA on March 10, 2008 at 09:32:46:
David,
I’m not an attorney. I’m not sure if his lack of disclosure would make the lease voidable or not, but he can be subject to big fines and triple (I think) damages if someone gets sick.
I think you’re best bet is to show the judge that you had written permission from the landlord to alter the premises and that he gave you written approval to break the lease early. Unless someone in your family is sick from the lead or you have this written documenation, I’m not sure you’ve got a defense. Now, on the other hand, I’ve found that judges in my area, who work the lower courts, will rule based on their opinion rather than the law. If the judge gets the sense that your landlord is an a$$, he may rule in your favor. If the judge thinks you’re using the LBP issue to break the lease for another reason, he might rule against you. You just never know.
–Natalie
You can challenge almost all of this… - Posted by Rich-CA
Posted by Rich-CA on March 06, 2008 at 22:00:00:
Freddie Mac publishes a list of how long things in a residential rental will last. For things like carpet, the normal lifespan is 7 years. If the landlord is charging for carpet removal and the carpet is more than 7 years old, he is ripping you off.
However, point out to the owner that due to the unremediated lead based paint problem in the property, it is not legal for them to rent until the problem is fixed. Inform him you will turn him in to the housing authority and code enforcement people. He cannot hold you to a lease on a property that has lead based paint in it.